Private Children Law - 2019 Annual Conference

Course Outline

Introduction

This popular annual conference returns with an updated programme of important topical issues delivered by a panel of highly experienced family law specialists. Covering such topics as the latest developments on complex relocation cases, how things have changed with regard to the role of the child and representation and a look to the future of intractable child arrangement disputes, it is the ideal opportunity for you to keep right up to date with the latest developments.

Conference Agenda

This Conference will cover the following:

9.30am - 10.15am Opening Address: The Latest Cases

Andrew Bagchi, 1GC

A review of currently topical cases as at the time of the conference

10.15am - 11.00am The Role of the Child and Representation

Anthony Hand, College Chambers

It goes without saying that the child is at the heart of the proceedings, but how many times do we all get the feeling that the case is about adult issues and the child is lost somewhere in the melee?

This session will cover:

When should a child be separately represented in private law proceedings?

Tips for lawyers representing the child in private law

How best to work with Cafcass and assist them in their duty

When should the child see the judge, and how should that be handled?

Should the child be giving evidence and the developing jurisprudence in this area?

How has life changed in terms of the role of the child and representation for the child, in this age where the parents are probably litigants in person?

11.15am - 12.00 Intractable Child Arrangement Disputes

Christopher Miller, Fourteen

Intractable child arrangements disputes have troubled practitioners and the Courts for decades. The Government and judiciary have attempted to find solutions to the issues that arise but none have been fully effective and many have made little practical difference.

This session will consider:

What the roots of the problems are

What has been done to try to solve the problems (with a particular focus on recent developments)

What future developments are/might be in store

12.00 - 12.45pm Domestic Abuse in Private Law Disputes

Laura Briggs, 1GC

The revised version of PD12J has been in force for 18 months.

It followed the All Party Parliamentary Group’s 2016 report, ‘Domestic Abuse, Child Contact and the Family Courts’, which highlighted problems faced by victims of abuse within the Family Courts and called for an urgent review of the Court’s approach to this issue.

But what has been the impact of the amended PD12J in practice?

This session will cover:

The aims of the revised PD12J

To fact find or not to fact find?

Interim orders

Re-opening a fact-finding

12.45 - 1.00pm Questions on Morning Session

2.00pm - 2.50pm Child Abduction

William Tyzack, Queen Elizabeth Building

In the field of child abduction the development of the law relating to jurisdiction and exceptions to a return order under the 1980 Hague Convention continues, with a number of authorities over the last 12 months.

This session will provide an update on the latest developments including:

Habitual residence

Defences under Article 13

The child’s objections

Setting aside return orders

2.50pm - 3.40pm Relocation Disputes

Dr Rob George, Harcourt Chambers

Relocation disputes, whether international or within the UK, are well known as being amongst the most difficult private law children disputes.

This session sets out the essential legal framework with updates on the most recent decisions.

The session will cover:

The basics of the legal approach

Tips on preparing a relocation case

The legal response to unilateral relocation

Orders made if relocation is allowed

3.55pm - 4.45pm Workshop Session

Frances Orchover, 1GC

This highly practical interactive session will give delegates the opportunity to examine and discuss a series of issues covered during the course of the day.